Stamp Duty on Articles of Association – Increase in Share Capital – The dispute revolved around the payment of stamp duty on the increase of share capital by National Organic Chemical Industries Ltd. The company initially paid a stamp duty of Rs. 1,12,80,000 in 1992, and a further Rs. 25 lakhs in a subsequent increase. The case examined whether the notice in Form No.5, pertaining to the increase of share capital, constitutes an "instrument" under the Stamp Act. [Paras 2, 6-9]

Definition and Application of "Instrument" – The court held that Form No.5 is not an "instrument" as defined under Section 2(l) of the Stamp Act. It serves to notify the Registrar of the increase in share capital and does not materially or substantially alter the Articles of Association. [Paras 6, 10, 14A]

Maximum Cap on Stamp Duty – The introduction of a maximum cap of Rs. 25 lakhs for stamp duty on Articles of Association by an amendment in 1994 led to a contention that every increase in share capital constitutes a separate event requiring fresh stamp duty. The court disagreed, holding that once the maximum cap is paid, no further duty can be levied for subsequent increases. [Paras 13-15]

Retrospective Effect and Refund – The court ruled that even though the amendment introducing the cap was not retrospective, the duty already paid on the same instrument (Articles of Association) should be considered for any subsequent increase in share capital after the cap's introduction. Therefore, the respondent was entitled to a refund of the Rs. 25 lakhs paid post-amendment. [Paras 18-19]

Decision: The appeal by the State of Maharashtra was dismissed. The Supreme Court upheld the High Court's order, directing a refund of Rs. 25 lakhs with interest @ 6% per annum to the respondent.

Consumer Law- Partnership Dispute – Consumer Complaint – Jurisdiction – Alleged deficiency in service – Complaint filed by respondent No.1 before District Consumer Disputes Redressal Forum (DCDRF), alleging non-repayment of investment in partnership firm – Appellants, heirs of deceased partner, contesting liability – Appellants contend respondent No.1 was partner in firm as per registered partnership deed dated 27.05.1996 – No dissolution of registered deed proved – Status of complainant as partner deemed to continue until death of managing partner – Consumer complaint not maintainable for commercial dispute – Commercial transactions outside purview of Consumer Protection Act, 1986 – Appropriate remedy lies before Civil Court – Lack of evidence for appellants inheriting firm's liabilities upon death of partner – National Consumer Disputes Redressal Commission (NCDRC) erred in upholding complaint – Orders of lower forums set aside – Complaint dismissed – Respondent No.1 may pursue alternative legal remedies.

Quashing of Bail Orders – Murder Case – High Court granted bail to the respondents (Abdullah, Nasir, and Muzammil) accused of murder – Appellant challenged the bail orders – Alleged involvement of respondents in the murder of Khursheed Ahmad – Appellant, an eyewitness, opposed the grant of bail – High Court granted bail without considering relevant material – Post-mortem report indicated severe assault leading to the death of the deceased – Cancellation of bail granted to co-accused Neyaz Ahmad by Supreme Court also relevant – Impugned bail orders set aside – Respondents directed to surrender within 10 days – Liberty granted to move fresh bail application – Observations made for decision purpose only, not on merits of the case. [Paras 2-10]

Murder Conviction Upheld – Appellant convicted under Section 302 IPC – High Court upholds conviction – Daylight murder witnessed by victim's sister-in-law – Reliable eyewitness account of appellant stabbing deceased – Forensic evidence corroborates eyewitness testimony – Accused apprehended shortly after incident with blood-stained knife and shirt – Blood on recovered knife matches deceased's blood – Conviction upheld by Trial Court and High Court. [Paras 1-4]

Motive Not Essential in Eyewitness Cases – Defence argues absence of motive for crime – Court cites precedent establishing motive not crucial in cases with reliable eyewitness testimony – Shivaji Genu Mohite v. State of Maharashtra referenced – Lack of motive inconsequential when direct evidence establishes guilt – Principle reiterated in subsequent cases – Bikau Pandey v. State of Bihar, Rajagopal v. Muthupandi, Yogesh Singh v. Mahabeer Singh cited. [Para 5]

Dismissal of Appeal – No grounds for interference with lower court decisions – Appeal dismissed, interim bail revoked – Appellant directed to surrender within four weeks to serve remaining sentence – Judgment to be forwarded to Trial Court for enforcement. [Para 6]

Amalgamation and Property Transfer – Lease Clause Interpretation – Transferor company’s perpetual lease plots transferred to transferee company – Issue: whether amalgamation under Company Court order amounts to ‘transfer’ under perpetual lease clauses, obligating payment of unearned increase in value to the lessor (DDA). [Paras 1-2, 6-8]

Lease Deeds – Interpretation – Embargo on transfer – Clause II(4)(a) of the perpetual lease deeds prohibits lessee from selling, transferring, assigning, or parting with possession of plots without prior written consent of lessor – Provision entitles lessor to impose conditions and recover portion of unearned increase in value upon transfer – Such consent not granted for amalgamation of lessee with another company – Transfer of plots pursuant to amalgamation – Held, amalgamation constitutes transfer within ambit of clause II(4)(a) – Provisions of lease deeds enforceable. [Paras 6-12]

Transfer of Property Act, 1882 – Applicability – Wide scope of clause II(4)(a) of lease deeds – Extends beyond definition of transfer under Section 5 of Transfer of Property Act – Provision covers transfers and parting with possession – Not affected by Section 5 – Lease provisions upheld. [Para 11]

Interim Stay – Conditions – Appellant granted interim stay subject to deposit of specified amount – Amount deposited with court – Respondent entitled to withdraw principal amount with accrued interest – Interim stay lifted. [Para 13]

Decision – Appeal dismissed – Held: Amalgamation constitutes ‘transfer’ under lease agreement, requiring payment of unearned increase to DDA – Appellant to pay the amount as per interim order of the Court. [Para 12]

Quashing of Conviction – Criminal Appeal against High Court order confirming the conviction of the appellants under Section 302 read with Section 34 IPC – Appellants convicted for the murder of the deceased – Prosecution case based on eyewitness accounts of closely related witnesses – Witnesses allegedly tutored by police a day before recording evidence – Material contradictions and omissions in evidence – Lack of examination of independent witnesses – Defense of accused centered on absence from the scene of the incident – Allegation of gross misuse of power by police in tutoring witnesses – Substantial doubt cast on genuineness of prosecution case – Benefit of doubt given to appellants – Appeals allowed, convictions set aside, and appellants acquitted of all charges – Bail bonds cancelled. [Paras 1-10]

Misconduct by Police – Inquiry directed into the conduct of police officials for tutoring prosecution witnesses at the concerned Police Station – Direction for appropriate action against erring officials in accordance with the law. [Para 10]

Freezing of Accounts under FCRA – Interim Relief – Supreme Court permits petitioners to utilize frozen accounts for salary and institutional expenses, subject to conditions – Orders proper maintenance and auditing of accounts, with quarterly statements to investigating agency or Trial Court – Proceedings to continue in other forums – No findings on contempt allegations recorded. [Paras 1-8]

Interim Order Made Absolute – Court directs continuation of interim relief granted in previous order – Petitioners permitted to use frozen accounts for operational expenses of educational and health institutions – Requirement for proper accounting and auditing emphasized – Observations restricted to smooth functioning of institutions, with no findings on merits made. [Paras 7-8]

Criminal Appeal – Bail – Long Incarceration and Health Conditions – Appellant, a senior citizen, implicated in offenses under UAPA and IPC – Supreme Court grants bail considering her prolonged detention of nearly six years without charge framing, age, and health issues, notwithstanding the serious allegations – Held, long incarceration, in this case, justifies bail despite stringent bail provisions under UAPA. [Paras 37-41]

Bail Restriction under UAPA – Analysis – Court examines the nature of allegations and evidence against the appellant under Sections 13, 16, 17, 18, 18B, 20, 38, 39, 40 of the UAPA – Finds no prima facie case under the stringent bail restrictions of UAPA – Emphasizes that mere association or meetings with accused individuals don’t constitute proof of involvement in terrorist activities. [Paras 31-35, 39]

Bail Conditions – Strict Compliance Required – While granting bail, the Court imposes conditions like not leaving Maharashtra without court permission, surrendering passport, informing NIA of residence, maintaining active phone contact, and regular reporting to the local police station – Warns that any violation may lead to bail cancellation. [Paras 42-43]

Judgment – Supreme Court – Appellant granted bail, setting aside High Court’s judgment, based on long period of incarceration, her age, and health condition, despite serious charges under UAPA and IPC – Observes that each case’s facts and circumstances determine the applicability of bail provisions. [Para 44]

Quashing of FIR and Criminal Proceedings – Criminal Appeal in Supreme Court – Supreme Court allows appeal of State of Madhya Pradesh, setting aside the High Court’s order quashing the FIR and criminal proceedings in relation to a property dispute. High Court had previously quashed the FIR under Section 482 of CrPC, involving allegations of fraudulent transactions concerning nazul land. Supreme Court finds that the High Court erred in its assumption that the State failed to prove its title over the disputed property and holds that allegations in FIR do not strictly fall within civil dispute domain, warranting criminal proceedings. [Paras 1-14]

Civil vs. Criminal Proceedings – Distinction and Overlap – Supreme Court observes that while the origin of the dispute relates to civil proceedings concerning property possession, the nature of allegations in FIR transcends into the criminal domain, involving potential offences under IPC. It emphasizes that criminal proceedings should not be quashed at the threshold when serious allegations of fraud and criminal conduct are involved, notwithstanding underlying civil disputes. [Paras 10-11]

Revenue Records and Property Title – Clarification – Supreme Court clarifies that revenue records do not confer title and are not conclusive proof of ownership. Asserts that civil courts are the appropriate forum for determining questions of title and disputes involving property ownership. Notes that findings in revenue proceedings cannot override criminal allegations involving fraud and falsification in property transactions. [Para 7]

Decision nd Directions – FIR bearing number 551 of 2015 registered at PS Khategaon, Dewas, to be reopened and proceeded with in accordance with the law. Supreme Court’s observations aimed solely at assessing the correctness of the High Court’s order, with no bearing on subsequent criminal proceedings. [Para 12-14]